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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Non-association orders

115: Order must be drawn up and copy given to offender, etc

You could also call this:

"The court must give you a copy of any non-association order they make against you."

Illustration for Sentencing Act 2002

If a court makes a non-association order, the court has to write down the details of the order. You will get a copy of the order, and the court might keep you for up to 2 hours to do this. The court wants to make sure you get a copy of the order.

If the court cannot give you a copy of the order before you leave, they will give it to you in person as soon as they can after you leave. You are not the only one who gets a copy of the order. A copy of the order also goes to the chief executive of the Department of Corrections and the police officer in charge of the nearest police station.

The court follows rules from the Sentencing Act 2002 and other laws like the Policing Act 2008 when making these orders. The rules help the court make sure everyone gets the right information. This is an important part of how the court works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136821.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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114: Cumulative orders and sentences, or

"Serving sentences one after another, not at the same time"

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116: Right of appeal against non-association order, or

"Appealing against an order to stay away from someone"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Non-association orders

115Order must be drawn up and copy given to offender, etc

  1. If a court makes a non-association order, the particulars of non-association must be drawn up in the form of an order.

  2. For the purposes of subsection (1), a court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

  3. If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court.

  4. A copy of the order must be given to—

  5. the chief executive of the Department of Corrections; and
    1. the constable in charge of the Police station nearest to the court in which the order was made.

      Compare
      Notes
      • Section 115(4)(b): amended, on , pursuant to section 116(a)(iv) of the Policing Act 2008 (2008 No 72).